Is anyone impersonating a physician at your hospital? (Hospital Law Case of the Month).

CASE ON POINT: Russell v. Univ. of Cincinnati Hosp., 2002 WL31111848 N.E.2d-OH

ISSUE: Time and time again we read of instances, in which imposters pose as physicians. Often they do so without raising any suspicions from their colleagues or patients. However, what if there is an impostor posing as a physician at your hospital? Is the hospital liable for the negligence of the imposter? Is the hospital liable for its negligence in not having sufficient security to ensure that no imposters are not allowed to access to the hospital.

CASE FACTS: The University of Cincinnati (UC) operates a medical school as well as University of Cincinnati Hospital (UC Hospital). In 1991, David Russell, Lori Riddle, and Robert Heffern were all examined at UC Hospital by a man whom they knew as Dr. Thomas West, and who all believed to be a physician. However, West was not a physician and had been convicted of several crimes related to his impersonating a physician at the hospital, including, inter alia, practicing medicine without a license and battery. On March 3, 1998, David Russell brought suit against UC Hospital in the Ohio Court of Claims. Heffern and Riddle also filed suit, and all three suits were subsequently consolidated. The gravamen of the plaintiffs' actions was that UC Hospital negligently provided West with access to its facilities, including its emergency department, and examination rooms, and thus, gave West the opportunity to examine the plaintiffs. The matter proceeded to trial before the Ohio Court of Claims which rendered a decision in favor of all three plaintiffs. The Court of Claims concluded that the plaintiffs wee business invitees of the hospital. It also concluded that the hospital breached a duty of ordinary care owed to the plaintiffs, and that hospital staff were negligent in implementing security policies and procedures. The court further found that the plaintiffs were negligent in allowing West to perform medical services. Specifically, the court found that the plaintiffs' own negligence was responsible for 40 percent of their damages, while the hospital's negligence was responsible for 60 percent of the plaintiffs' damages. The court ultimately awarded $200,000 in total damages to Riddle, $125,000 to Russell, and $100,000 to Heffern. However, the court then reduced each of the awards by 40 percent. The hospital appealed.